Terms and Conditions

1.1 These terms & conditions set out the terms between you the customer and us the website owner.

1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.

1.3 You should not use this website if you do not accept with these terms & conditions in full.

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

3. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

4. Product Pricing and Title

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.

4.2 We reserve the right to alter all product pricing without notice.

4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.

5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Shipping and Customs Duty

6.1 All orders received by us are shipped subject to availability.

6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.

6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.

6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

7. Cancellation Rights, Returns and Refunds

7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.

7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.

7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used the product, unless the product is defective and you are returning it for this reason.

7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.

7.5 No right of cancellation exists for downloaded goods or “softcopy” goods to which you, the customer has instant access to or use of, unless defective.

7.6 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.

7.7 Please observe the following procedure for all returns to us:

7.7.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.

7.7.2 If you are returning your product because it is defective, please state the defect or defects.

7.7.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.

7.8 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.

7.9 You are responsible for paying any postage or shipping costs incurred when returning the product.

7.10 We recommend that all returns be sent by registered post, so that a record of the return is available for you.

7.11 We will not issue refunds for any items lost or stolen in transit to us.

7.12 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.

7.13 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.

7.14 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.

7.15 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.

7.16 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.

8. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

9. Faulty Products

Where you experience a fault with a product it can be returned to us subject to our returns policy above.

10. Events Outside Our Control

We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

11. Licence

11.1 Wegrant you a licence to access the content, information and services contained within our website for personal use only.

11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

11.5 Our website cannot be placed within the frame-set of another site.

11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

13. User Generated Content

13.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.

13.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

13.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

13.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

13.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

13.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.

13.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.

14. Limitations and Exclusions of Liability

14.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.

14.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

14.3 All indirect, consequential or special losses or damage are all excluded.

14.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

14.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

14.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

14.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

14.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

15. Indemnity

By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

16. Variation

We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

17. Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

18. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

19. Waiver

Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

20. Third Parties

These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

21. Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between you and us.

22. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

23. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

24. Repair Terms & Conditions

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO ALL REFURBISHED GOODS AND REPAIR SERVICES SUPPLIED TO YOU BY Tape-Drive-Repair.com / SQS Ltd. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS BECAUSETHEY INCLUDE EXCLUSIONS AND DISCLAIMERS IN RESPECT OF LIABILITY AND LOSS ARISING FROM THE GOODS AND SERVICES SUPPLIED BY Tape-Drive-Repair.com / SQS Ltd.

SQS Ltd trading as Tape-Drive-Repair.com. Companies House Number 3503862

All contracts formed between SQS Ltd and users shall be governed by, and construed in accordance with English Law.

Any disputes not resolved by the normal complaints procedure will be resolved exclusively in the courts of England & Wales under English Law.

These terms and conditions do not affect your statutory rights.

We have the right, at our discretion, to refuse to supply goods you order.

Goods are subject to availability. If we do not supply the goods we will refund any money already paid. We will not be liable for compensation or damages if we do not supply goods.

We aim to deliver any goods within 14 days; however, deliveries may be subject to conditions outside of our control. All delivery times are approximate and we will not be held liable for any compensation or damages as a result of late or non-delivery.

Please check the goods on delivery. If goods are delivered damaged or faulty you must inform us within 7 days of delivery. If you do not inform us within 7 days we shall have no liability for goods said to be damaged on delivery. This does not affect your statutory rights.

You will only own the goods once we have received payment in full. You will be responsible for the goods once delivery is made or delayed by you at delivery.

To return goods please follow the returns procedure detailed under the Warranty Terms and Conditions below. We do not accept liability for the costs of return, returns damaged in transit or not received by us. Refunds may incur a restocking fee and exclude postage and packaging fees and any advertising fees.

Every care has been taken in the preparation of any offer. However, as far as is permitted by applicable law, we disclaim all warranties, expressed or implied as to the accuracy of information contained herein.

We do not accept any responsibility for any web site not under our control, which may act as a portal for our site, or be connected by hypertext links from our site.

SQS Ltd operate a No-Fix-No-Fee policy for all bench repairs. If the device can be repaired at the standard repair price advertised then the repair will automatically proceed and the customer will be liable for the repair costs including any return delivery charges (if applicable).

If any device cannot be repaired within the standard repair price, SQS will contact the customer and seek approval to proceed with the repair or exchange at an increased quoted cost.

Should a customer not wish to proceed with a repair or exchange at an increased price, the customer may request the return of the device and will only be liable for any return shipping at the standard rate (if applicable) and no workshop fees or charges will be incurred by the customer.

Non credit account customers will then be contacted for full payment prior to shipment.

In order for SQS Ltd to remain in business, payments must be made promptly. Businesses are granted 30 days to pay outstanding invoices. Other customers are required to pay upon completion prior to delivery. Delinquent bills will be assessed a 15% charge if payment is not received within 30 days of the invoice issue date. If an amount remains delinquent 60 days after its issue date, an additional 15% penalty will be added for each month of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time.

25. Warranty Terms and Conditions

The warranty on any hardware will be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with.

Equipment is only covered for faulty workmanship on parts. This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.

Damage to a system, device or components, supplied or repaired by SQS Ltd, caused by power surges or spikes, including and not limited to, mains power and telecommunications / network connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, excessive dust or dirt, rust or corrosion, are not covered under warranty.

Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.

SQS Ltd reserves the right to suspend or cancel warranties for failure to pay monies owing to SQS Ltd as a result of non-warranty work being carried out on a system at the request of the warranty holder.

Warranty period for any repair or refurbished sale, is determined by the device type and service requested. Stand alone tape drive devices are generally 12 months and library units (including drives) are generally 6 months. Exabyte mammoth and VXA drives are only ever warranted by a 90 day warranty. Any repair or refurbished sale warranty not conforming to the above warranty period will be communicated to the customer prior to any sale or repair.

Any warranty excludes faults caused by software, virus and end user errors.

Any repair performed on an item under warranty whereby no fault can be found, or the fault is not covered under warranty (i.e. software, virus, end user error or other non-warranty cause herein stated) a ‘No Fault Found’ fee may be payable by the warranty holder at the usual hourly rate.

SQS Ltd reserves the right to change these conditions at anytime without notice.

DISCLAIMER

The Customer shall back up all data stored in the products to be repaired and remove any removable media, such as tapes, diskettes, CDs, DVDs or PC Cards before returning or submitting the products for repair or replacement.

SQS Ltd does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. Customer accepts full responsibility for Customer software and data and SQS Ltd are not required to advise or remind customers of appropriate backup and other procedures.

SQS Ltd will not be liable for any damage caused to other equipment by Goods supplied.

SQS Ltd does not accept responsibility for any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection.

SQS Ltd have permission from the customer to replace assemblies or components with devices of similar, or better, design and capability.

The customer understands and accepts that some applications may no longer work properly after a repair, due to the installation of different hardware or software. It is the customer’s responsibility to reconfigure or reinstall any such applications.

SQS Ltd have permission from the customer to carry out the work on the equipment in need of repair.